Sexual harassment at workplaces often takes suble forms, says Justice Anitha Sumanth
'There are times when we may not be able to identify a particular act as harassment but we do know that it makes us uncomfortable,' she said.
She was addressing an awareness programme on 'Gender Sensitisation and Elimination of Violence Against Women' organised by the Tiruchi District Judiciary.
The programme was inaugurated by Principal District Judge M. Christopher and saw the participation of District Collector V. Saravanan, Commissioner of Police N. Kamini, and Superintendent of Police S. Selvanagarathinam.
Ms. Anitha said while legal provisions exist to address workplace harassment, implementation, and awareness continued to be major challenges. The need for gender sensitisation not only in workplaces but also within families and educational institutions. 'Often, even men may not be aware that their behaviour is making someone [colleagues] uncomfortable. That is why it is essential to open channels of communication — in our offices, homes, and in conversations with children. That is how gender sensitisation begins,' she said.
Fairness and respect
R.N. Manjula, Judge of the High Court of Madras, highlighted the importance of building relationships grounded in both fairness and respect. 'If there is fairness without respect, it serves no purpose. If there is respect without fairness, it is not genuine respect at all,' she said.
She called for a transformation in societal mindset, driven by collective efforts to dismantle stereotypes. 'We must ask ourselves hard questions — do we, in our desire for acceptance, allow gender biases to influence our decisions? Do we unconsciously conform to stereotypes?' she said.
P. Vadamalai, Judge, High Court of Madras, said that ensuring the safety of women was a shared social responsibility.
A handbook on the 'Protection of Women from Sexual Harassment (POSH) Act', detailing legal mechanisms and procedures for addressing workplace harassment, was released during the event. The event saw participation from government officials, NGOs, women's organisations, and students from various colleges across Tiruchi.
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The Print
an hour ago
- The Print
From child protection to ‘moral policing' tool: How POCSO Act is leaving courts conflicted
Designed to protect children from sexual assault, sexual harassment and pornography, the POCSO Act defines as a 'child' anyone under the age of 18 and applies to both male and female victims and offenders. On interaction with her, it was found that she was a 'victim' under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and her child's father had been sentenced to 20 years' rigorous imprisonment by a trial court under the Act. New Delhi: Two years ago, a young woman in a rumpled saree and unkempt hair showed up at the Calcutta High Court and stood in a corner of one of the courtrooms with a baby in her arms. She reached the court before the judges' arrival at 10.30 am and stayed till they rose for the day. This continued for two days, before the court grew curious. The woman had told the court that her relationship with the accused was consensual and that she had married him 'out of her own volition'. As the matter unfolded, the Calcutta High Court set aside the trial court's judgment in the case of the young couple, terming it a matter of 'non-exploitative consensual sexual relationship between a minor girl and an older adolescent or may be a young adult'. It also made observations advising adolescent girls to 'control sexual urges', which led to nationwide outrage. Taking suo motu cognisance of the HC's observations, the Supreme Court in December 2023 criticised the remarks as well as the high court's verdict in the matter. Then, in August 2024, it set aside the HC order and restored the trial court verdict convicting the accused. However, in May, using its powers to do complete justice under Article 142 of the Constitution, the apex court declared that the convict will not undergo the 20-year jail term, concluded that his imprisonment would cause further harm to the young woman, now aged 21. The Supreme Court also formed a committee of experts in the case, which highlighted 'collective failure of the systems that are there to protect a girl child'. The report found that it was not the offence under POCSO Act which had traumatised the young woman, but the legal battle that was taking a toll on her. The report suggested that the family— the woman, the accused and their child—should stay intact so that the accused father may be able to participate in the child's upbringing. While refusing to sentence the man, the SC bench had candidly admitted: 'The society judged her, the legal system failed her, and her own family abandoned her.' The court too noted that if the accused was sent to jail, the victim herself would be the 'worst sufferer'. This case, it said, was an 'illustration of the complete failure of our society and our legal system'. The judgment has opened up criminalisation of consensual adolescent relationships under the POCSO Act to debate. The central government told the Supreme Court Wednesday that it was against carving out any exceptions for adolescent relationships under the POCSO Act, saying that this 'would be not only legally unsound but also dangerous, as it would provide a defence mechanism even to those abusers who exploit the child's emotional dependence or silence'. It also underlined that the current threshold of 18 years as the age of consent must remain 'strictly and uniformly enforced'. While the SC clarified that its May judgment should not be treated as a precedent, Swagata Raha, Director, Research, at Enfold India, a non-profit organisation focused on addressing gender-based violence and child sexual abuse in India, termed the verdict 'compelling', asserting that it urges to revisit the impact of criminalisation under the POCSO Act. The judgment, she told ThePrint, shows the judiciary is also 'conflicted' about the nature of this criminalisation. 'If you look at the history of this case, the Supreme Court has restored conviction, and said there is no such thing as romantic cases. And yet they realise, after speaking to the victim, that sentencing her husband would actually place her at greater risk and vulnerability.' The POCSO Act, Raha asserted, has turned into a 'moral take on what we think adolescents should be doing, criminalising behaviour that is normal'. Also Read: Supreme Court stays Bombay HC's 'no skin touch, no sexual assault' verdict in POCSO case 'Control sexual urges' The young woman in the saree was 13 years old when she met the then 25-year-old man in the year 2017. The two claimed to have fallen in love, and the girl left her home a year later in 2018. Within days, her mother lodged a complaint against the accused. The girl was then placed in a shelter home, before she moved back to live with her parents. However, the stigma of the incident travelled with her. Court orders note the humiliation she felt once she returned home, with the entire village talking about her. The girl then chose to live with the accused's family and gave birth to their daughter in 2021. It was then that the police machinery sprung into action and arrested the accused that year. The arrest left the girl shattered and alone, and the infant with separation anxiety, the committee appointed by the apex court noted. The girl also ended up spending around Rs 2 lakh and was caught in a debt trap trying to get her husband out of prison, it added. The accused was convicted and sentenced in 2022 by the trial court. Overturning the conviction a year later, the Calcutta High Court observed that it was the duty or obligation of every female adolescent to 'protect her right to integrity of her body, protect her dignity and self-worth, thrive for overall development of her self-transcending gender barriers, and control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes.' Question of 'older adolescents' As the court's comments went viral, the Supreme Court stepped in, and last August, a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan restored the trial court's judgment in the case. The apex court observed that the HC had made observations that were 'utterly irrelevant' and shocking and also rapped it for having 'invented a non-existent category of older adolescents'. 'We fail to understand this concept of 'older adolescents',' it said. Avaantika Chawla, assistant professor at Jindal Global Law School, pointed out that the Supreme Court has allowed for an exception for such cases in the past. For instance, she pointed to a 2022 judgment in which the court had set aside the conviction of a man under the POCSO Act, noting that it was a 'custom in Tamil Nadu of marriage of a girl with the maternal uncle'. The court had refused to disturb the couple's 'happy family life'. 'So, the Supreme Court itself seems to be giving conflicting judgments,' Chawla, who specialises in child rights, told ThePrint. She pointed out that in cases of consensual sexual activity between two adolescents, it is always the boy who ends up being the accused—despite the fact that POCSO Act itself is gender neutral and recognises boys as victims too. 'That's a violation of Article 14 (right to equality). And the Supreme Court has not responded to this issue at all. So, this was a good opportunity for the court to address such issues, but they didn't do it,' she added. The Law Commission of India, back in 2023, had also suggested the introduction of 'judicial discretion' while awarding sentence in cases of consensual romantic relationships involving adolescents between the ages of 16 and 18 years. Chawla believes that the Law Commission report was 'more progressive' than the Supreme Court's August 2024 judgment that refused to recognise consensual relationships between adolescents. Committee's startling report Upholding the conviction of the accused, the apex court constituted a committee of three experts, including a clinical psychologist and social scientist, possibly for the first time. This panel was to meet the young woman and help her make an informed choice on whether she wants to continue to stay with the accused and his family. The committee made some startling submissions. It traced the girl's struggles while tackling the legal system for getting her husband released. Its preliminary report revealed that the legal battle had resulted in the family suffering emotionally and financially. The final report was a damning account of the implementation of the POCSO Act—from failure of child protection committees at the village level, to the lack of provision for free legal aid and sufficient counsellors from both genders in schools and welfare homes. It also highlighted the stigmatisation of girls in similar situations, and the lack of awareness and sensitisation among family members as well as public officials. Raha said that while the SC's judgment refrained from going as far as saying that the POCSO Act should be revised, it definitely drew attention to the plight of the victim. 'It has changed the jurisprudence around it, because you've never, in the past, looked at what victims want, and here they have acknowledged the individuality of the girl or the woman concerned,' she added. Raha pointed out that while in this case, the woman was only a teenager at the time of the incident, 'there has to be a balance somewhere in law to recognise at what age we can say that they are able to enter into relationships, and should we instead prioritise access to health services, information, and non-judgmental support.' Criminal law is not the answer, she asserted. Chawla held the same view. 'It is very clear that the law, the way it stands, is not working. Adolescents are both being heavily disadvantaged and their lives are disrupted. A law that was made to protect these children is no longer acting as a protective shield. It is, in fact, harming the lives of these children,' she said. Also Read: Opening pant zip, holding child's hand not sexual assault under POCSO, says Bombay HC The conflict in courts Several high courts have in the past asserted that the POCSO Act has not been enacted for consensual adolescent relationships and been proactive in quashing such cases. For instance, back in 2021, the Madras High Court observed that the Act was never intended to cover cases where adolescents or teenagers are involved in romantic relationships, and suggested that the law be amended to exclude such cases. In 2023, it even directed the police to examine all pending cases involving minors, and asked them to check how many fell under the category of consensual relationship. In 2023, the Allahabad High Court granted bail to a man under the POCSO Act, observing that the law wasn't intended for romantic relationships between teenagers. More recently, the Delhi High Court this year made a similar observation, calling for 'a compassionate approach that prioritises understanding over punishment in cases involving adolescent love'. While under the POCSO Act a person below 18 years of age is termed a child, Raha asserts that developmentally, 'adolescent' is a distinct category. 'Adolescence is a very distinct phase of life, and there is the entire argument that you are looking at something that is developmentally normal, and you are trying to criminalise that behaviour, thinking that it will be a deterrent when, in fact, sexual exploration is normal at that age,' she told ThePrint. 'The question is not whether adolescents also deserve protection. They do, but when that protection ends up eroding their rights and their dignity, the question one is asking is whether law should have room for that nuance of recognising that they have different capacities, different abilities,' she explained. 'Criminalising romance' Internationally, the age of consent in most countries is 16 years, while in India it is 18 years. The age of consent here was increased from 16 to 18 years when the POCSO Act was brought in. In its submissions filed Wednesday in response to a 2012 public interest litigation calling for proactive measures after the Delhi gangrape incident, the Centre has objected to any change in the statutory age of consent fixed at 18 years. 'Any departure from this standard, even in the name of reform or adolescent autonomy, would amount to rolling back decades of progress in child protection law, and undermine the deterrent character of statutes like the POCSO Act and the BNS (Bharatiya Nyaya Sanhita),' the Centre's response, seen by ThePrint, states. However, the petitioner in the case, Delhi-based advocate Nipun Saxena, told ThePrint: 'There are multiple cases being registered under the POCSO Act, not by the girl's themselves, but at the instance of their parents and family members.' 'The stand of the Union is that if the age of consent is lowered, it would be an impetus for younger people to marry, and it would lead to an uptick in child marriages. But this argument is inherently fallacious, because this unilateral increase of age (of consent) from 16 to 18 has resulted in more elopement cases than ever, and has resulted in more child marriages, to get out of the rigors of the POCSO Act,' he explained. He further emphasised on the right to express oneself sexually, and asserted the right of every adolescent from 16 to 18 years to express love. 'It criminalises romance in that sense,' he told ThePrint. Amicus curiae in this petition, senior advocate Indira Jaising, told the court earlier this week that when sexual activity between the ages of 16 and 18 is consensual, it cannot be said to be a form of abuse, and so, provisions of the POCSO Act must be read to exclude consensual sexual behaviour between the ages of 16 and 18. She cited data from the National Crime Records Bureau which showed that the number of juveniles (especially those aged 16 to 18) apprehended under the POCSO Act jumped 180 percent between 2017 and 2021. She, therefore, suggested a close-in-age exception, applicable where both parties to the sexual act are adolescents aged between 16 and 18 and the sexual act is consensual. 'Such an exception would preserve the protective intent of the statute while preventing its misuse against adolescent relationships that are not exploitative in nature. The reading down would ensure that voluntary relationships between adolescents are not criminalised under a provision meant to punish abuse,' her submissions, seen by ThePrint, state. A look at exemptions Raha referred to the 'Romeo-Juliet' legal provision in several countries, suggesting carving out an exception in the POCSO Act for those between the ages of 16 and 18 in India. 'If you're above the age of 16 and you are entering into a (sexual) relationship, if you are saying it is consensual, then we trust that, unless that consent is vitiated (on) grounds, such as, it's against your will, there has been use of intoxicating drugs, or coercion, or it is with a person who's in a position of trust or authority, or there has been some exploitation, or trafficking… those are the grounds which will vitiate the consent,' she explained. In foreign countries, such exceptions protect consensual relationships between minors or between a minor and a male adult if the age difference between the two does not cross a certain threshold—intending to keep adolescent consensual relationships out of the ambit of criminalisation. However, Raha believes that looking at only the age difference between the girl and boy, similar to other countries, may not be feasible in India, because age gap is common. Therefore, while advocating for an exception, Raha speaks against a close-in-age exemption, that is, restricting the exception to age difference between the couple in question. 'A Romeo-Juliet clause will not take away the fundamental problem, which is that you are criminalising behaviour that is normal,' she said. She added that when an offence is registered under the POCSO Act, even though it may end in an acquittal, the parties involved are subjected to humiliation and trauma of going through the police investigation, medical examination, and trial. 'Even in this case, if you see, it has taken us seven long years to achieve some conclusion. So, imagine the impact on young people's lives–the developmental impact, health impact, finances, being able to pick up a job, reputation,' she said. According to Raha, criminal law including the POCSO Act is also being viewed as a deterrent against early pregnancies and early marriages. 'But criminal law cannot deter that. The only thing that can deter that is comprehensive education on sexuality through health services. How can the POCSO Act help you ensure that young people are not engaging in sex, or young people are not getting pregnant? You are trying to solve a problem that is genuine using means and methods that are absolutely unrelated,' she told ThePrint. Meanwhile, in the case before the Supreme Court, the committee's report noted that the family of the accused was very poor, and that the couple was living in a temporary shelter enclosed by brick walls and a tarpaulin roof. The accused was working hard as a daily wage labourer, and the young woman had rejoined school, studying in the 10th standard. Court orders noted that the couple was keen on ensuring that their daughter gets educated. The committee said the relationship between the two followed the triangular theory of love, according to which intimacy, passion and commitment are key for love. While initially passion and intimacy may have taken centre-stage for the couple, the committee found that the young woman was now 'deeply committed' to the accused in the case. (Edited by Nida Fatima Siddiqui) Also Read: When there's a predator in the family — why punishing child incest under POCSO is a whole other battle
Indian Express
2 hours ago
- Indian Express
Beed sarpanch murder: proof points to Walmik Karad's crime syndicate links, court said while rejecting MCOCA discharge plea
In its detailed order rejecting a discharge plea by Walmik Karad, the main accused in the murder of a sarpanch in Maharashtra's Beed district, a special court has said that there is prima facie evidence to show that he is a member of an organised crime syndicate. The plea was rejected on July 22, and the full order was made available this week. Karad – a close aide of former NCP minister Dhananjay Munde – and others have been booked under the stringent Maharashtra Control of Organised Crime Act (MCOCA) for the murder of Santosh Deshmukh on December 9, 2024. 'Validity of prior permission or sanction shall not be doubted at this juncture. Thus the statements of witnesses, material, technical, digital, scientific and forensic evidence prima facie reveal that the offence is committed by the applicant and co-accused persons,' the detailed order by special judge V H Patwadkar said. The prosecution said that between October and December 2024, the accused, including Karad, conspired and demanded ransom from a company to run their business in the district. When Massajog sarpanch Deshmukh intervened, a plan was made to abduct and murder him. Deshmukh was subsequently killed. The prosecution has claimed that the co-accused videographed the act and also made a video call to Karad. The prosecution cited 20 previous crimes filed against Karad, including that of unlawful assembly and attempt to murder, and said he was also convicted in one case. It added that the other accused were following the instructions of Karad, who is a member of the crime syndicate. Karad had filed the discharge plea stating he was falsely implicated for political reasons, and there was no crime syndicate as claimed by the police. He also questioned the validity of the sanction under the MCOCA given in February, claiming that due procedure was not followed while invoking the Act. He said no role was specified when it came to his involvement in the crime. Karad said the police deliberately hid the fact that among the cases cited, he was cleared in almost 15 of them, including the case in which he was convicted, and that the Bombay High Court had acquitted him in the appeal stage. Special Public Prosecutor Ujjwal Nikam submitted that the sanction for MCOCA was taken as per procedure and if it is dropped, the crime syndicate will continue its work, resulting in a grave law and order problem.
Hindustan Times
2 hours ago
- Hindustan Times
MDMA drug lab busted in Mysuru, Mumbai cops lead raid with Karnataka Police support
An illegal MDMA (Ecstasy) drug manufacturing unit was busted in Mysuru on Saturday by the Maharashtra police, working in close coordination with the Mysuru City police. The joint operation led to the seizure of a substantial quantity of the synthetic drug and the arrest of four individuals, who have since been taken to Mumbai for further investigation. A drug lab was busted by Karnataka and Mumbai Police in a joint operation held at Mysuru. (Representational Image) Also Read - New traffic curbs on Bengaluru's Outer Ring Road to ease congestion, key diversions in place Sources in the police department confirmed that the facility was actively producing MDMA, a powerful psychoactive substance banned under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The raid was the result of actionable intelligence obtained during an earlier arrest made by the Mumbai police, which subsequently led them to the Mysuru location. Karnataka Home Minister G Parameshwara, addressing reporters in Davangere on Sunday, confirmed the development and expressed serious concern over the discovery. "A drug manufacturing centre for MDMA was unearthed in Mysuru through an operation conducted by Mumbai police with support from our local police. Some people have been apprehended. This is extremely alarming," he said. Also Read - Dharmasthala mass burial allegations: SIT steps-up probe, forensic surveys likely soon He further added that while the initial probe was led by Maharashtra authorities, the Karnataka police would conduct a parallel investigation. "Since this occurred in our jurisdiction, we need to find out how long this unit was operating, whether it had been active for more than the 20 days initially suspected, and to whom the drugs were being supplied. All these details will be examined thoroughly," Parameshwara said. Meanwhile, in an unrelated but simultaneous effort to clamp down on drug networks, Bengaluru Police conducted a surprise sweep across 13 police station limits in the city's North Division on Sunday. The operation, officials said, was part of an intensified campaign against suspected drug dealers and habitual offenders. As many as 106 individuals were picked up for questioning during the checks. These included those previously booked in drug-related cases, known drug users, and others whose activities had raised suspicions. Police collected updated information about their movements, employment status, court case appearances, and any outstanding warrants. (With ANI inputs)
